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20�00930� If the Property is abandoned by Borrower, or if, afler notice by Lender to Borrower that the Opposing Party (as deflned in the next sentence) offers to make an award ro settle a claim For damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authurized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Nrpperty or ro the sums secured by this Sacurity Instrument, whether or not then due. "Opposing Party" means the third party that owes 8orrower Miscellaneous Proceeds or the party against whom E3orrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any activn or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender' s inferest in the Property or rights under this Security Instrument. Borrower can cure such a dafault and, if acceleration has occurreJ, reinstate as provided in Section 19, by causing the action or proceeding to ba dismissad with a ruling that, in Lender's judgment, precludes forfeiture uf'the Property or othar material impairment of Lender's interest in the Property or rights undcr this Security Instrument, 'I'he proceeds of any award or claim For damages that are attributable to the impairment of L.ender's interest in the Froperty are hereby assigned and shall be paid to Lendcr. All Miscellaneous k'roceeds th�t are not epplied to resWration or repair of the Property shall be applied in the order provided for in Sectian 2. 12. Borrower Not R�leased; Furbearance By Lender Not e Waiver. Extension of tha tima for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrnwer or any Succassor in Interest of 6orrower shall not operate to release the liapility uf �3orrower or any Successors in Interest of Borrower. Lender shall not be required ro commence proceedings against any Successor in Interest of Borrower or to refuse ro extend time for payment or otherwise modify amortization oF the sums sacured by this Security Instrumant by reason of any demand made by the original Borrower or any Successors in Intcrast of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptanca of payments from third persons, entities or Successprs in Interest of Borrower or in amounts less than tha amount then due, shall not be a waiver of or preclude the exercise oF any right or remedy. 13. Joint and Several Lisbility; Co-signers; Succesaors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liabiliry shall be joint and several. Howevar, any Borrower who co-signs this Security lnstrument but does no[ execu[e the No[c (a "co-signcr"): (a) is co-signing this Security Instrument only tp mortgage, grant and convey the co-si�ner's interest in the Prpperry under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agreas that Lender and any other Borrower can agree tv extend, modify, furbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Sectiqn 18, any Successor in Interest oF Borrowcr who assumas Borrower's obligations undcr this Sacurity Instrument in writing, and is approved by Gender, shall o6tain all of Borrower' s rights and benefits under this Security Instrument Borrower shall not be released from Borrower's u6ligations and liahilicy under this Security lnstrument unless Lender agrees to such release in writing. The cavenants and agreements of this Security Instrument shaq bind (except as provided in Section 2U) and benefit the successors and assigns o1' Lender. 14. Loan Chargex. C�ender may charge Borrower fees for services performed in connection with Borrower's default, For the purposa of protecting L.ender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. Cn regard co any other fees, the absencc of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Securiry lnstrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall he reduced hy the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borruwer. Lander may choose to make this refund by reducing the principal owed under the Note or by making a direct peyment to sorrower. If a refund reduces principal, the reduction will be created as a par�ial prepayment without any prepayment charge (whether or not a prepayment char$e is providad for under the Note). 13orrower's acceptance of any such refund made by direct payment to Borrpwer will constitute a waiver of any right of action �3orrower might have arising out of cuch overcharge. 15. Notices. A11 notices given by Borrower or Lender in connection with this Security Instrument must be in writing, Any nptice to Borrower in connection with this Security Instrument shall be deemed to have 6een given to Borrower when mailed by first class mail or when actually deliverad to 8orrower's notice address if sent by other means. Notice to any One Borrower shall constitute notice tv all Bqrrvwers unless Applica6le Law 0xpressly reyuires otherwise. The notice adciress shaq 6e the Hroperty Address unless Horrower has designated a substitute notice address by notice to C,ender. Borrower shall promptly notify Lender of Borrower's change of addtess. If Lender specifies a procedure 1'pr reporting Borrpwer's change of address, chen Borrpwer shall only report a change of address through that specified procedure, There may be only one designated notice address under this Security Instrument at any one time, Any notice to Lender shall be $iven by delivering it or by mailing it by first class mail to Lender's address stated herein unless Gender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to l.ender until actually received by [.ender. If any notice reyuired by this Security Instrument is also required under Applicable Law, the Applicable L.aw requirement will satisfy the corresponding requirement under this Sacurity Instrument. 16. Governing L.aw; 5everability; Rales of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might Borrower Lnitials: T /�. � NEBRASKA--Single ily--Fannle Mae/Fraddle Mac UNIFDRM INSTRUMENT - MERS pocMagick�mrorss eoo-aae-+aea Form 3028 1101 Page 7 of 11 www.docmagic.com